Library / Laws / 113th / s / S. 511 / Reported in Senate
II
Calendar No. 168
113th CONGRESS
1st Session
S. 511
[Report No. 113–90]
IN THE SENATE OF THE UNITED STATES
March 11, 2013Ms. Landrieu (for
herself, Mr. Cardin, and
Mr. Cowan) introduced the following bill;
which was read twice and referred to the
Committee on Small Business and
Entrepreneurship
September 10, 2013Reported by Ms.
Landrieu, with an amendmentOmit the part struck through
A BILL
To amend the Small Business Investment Act of 1958 to
enhance the Small Business Investment Company Program, and for other
purposes.
1.
Short title
This Act may be cited as the
Expanding Access to Capital for Entrepreneurial Leaders
Act or the EXCEL Act.
2.
Program
authorization
Section 303(b)
of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended, in
the matter preceding paragraph (1), in the first sentence, by inserting after
issued by such companies the following: , in a total
amount that does not exceed $4,000,000,000 each fiscal year (adjusted annually
to reflect increases in the Consumer Price Index established by the Bureau of
Labor Statistics of the Department of Labor).
3.
Family of
funds
Section 303(b)(2)(B) of
the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended
by striking $225,000,000 and inserting
$350,000,000.
4.
Adjustment for
inflation
Section 303(b)(2) of
the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by
adding at the end the following:
(E)
Adjustments
(i)
In
general
The dollar amounts in subparagraph (A)(ii), subparagraph
(B), and subparagraph (C)(ii)(I) shall be adjusted annually to reflect
increases in the Consumer Price Index established by the Bureau of Labor
Statistics of the Department of Labor (in this subparagraph referred to as the
CPI).
(ii)
Applicability
The
adjustments required by clause (i)—
(I) with respect to
dollar amounts in subparagraphs (A)(ii) and (C)(ii)(I) shall initially reflect
increases in the CPI during the period beginning on the effective date of
section 505 of the American Recovery and Reinvestment Act of 2009 (123 Stat.
156) through the date of enactment of this subparagraph and annually
thereafter;
(II) with respect to
dollar amounts in subparagraph (B) shall reflect increases in the CPI annually
on and after the date of enactment of this
subparagraph.
.
5.
Public
availability of information
Section 303 of the Small Business Investment
Act of 1958 (15 U.S.C. 683) is amended by adding at the end the
following:
(l)
Access to fund
information
Annually, the Administrator shall make public on its
website the following information with respect to each small business
investment company:
(1) The amount of
capital deployed since fund inception.
(2) The amount of
leverage drawn since fund inception.
(3) The number of
investments since fund inception.
(4) The number of
businesses receiving capital since fund inception.
(5) Industry sectors
receiving investment since fund inception.
(6) The amount of
leverage principal repaid by SBIC since fund inception.
(7) A basic
description of investment
strategy.
.
6.
Authorized uses
of licensing fees
Section
301(e) of the Small Business Investment Act of 1958 (15 U.S.C. 681(e)) is
amended—
(1) by striking (e) and
inserting (d); and
(2) in paragraph
(2)(B), by inserting before the period at the end the following: and
other small business investment company program needs.
7.
Sense of
Congress
It is the sense of
Congress that—
(1) small business
investment companies would benefit from partnerships with community banks and
other lenders, and should work with community banks and other lenders, to
ensure that if community banks and other lenders deny an application by a small
business concern for a loan, the community banks or other lenders will refer
the small business concern to small business investment companies; and
(2) the Administrator
should—
(A) increase outreach
to community banks and other lenders to encourage community banks and other
lenders to invest in small business investment companies;
(B) use the Internet
to make publicly available in a timely manner which small business investment
companies are actively soliciting investments and making investments in small
business concerns;
(C) partner with
governors, mayors, States, and municipalities to increase outreach by small
business investment companies to underserved and rural areas; and
(D) continue to make
changes to the webpage for the small business investment company program, to
make the webpage—
(i) a more prominent
part of the website of the Administration; and
(ii) more
user-friendly.
September 10, 2013Reported with an amendment